Who we are
EQOS Pty Ltd is an Australian company specialising in AI strategy, enablement, and product delivery. In these Terms, references to “EQOS”, “we”, or “us” refer to EQOS Pty Ltd and our personnel. “You” or “Client” refers to the organisation or individual entering into an engagement or using our website.
Any proposal, letter of engagement, or statement of work (SOW) that you approve becomes part of our agreement. If there is any inconsistency, the SOW prevails to the extent of the inconsistency.
Services and engagement process
We provide AI advisory, workshops, capability uplift, experimentation, and product build services. An engagement typically includes discovery sessions, structured deliverables, and implementation support as described in the relevant SOW.
You must ensure that your decision-makers review and approve the scope, dependencies, and assumptions before work begins. We may rely on written confirmations provided by your nominated representative.
Client responsibilities
To deliver our services, we require timely access to stakeholders, information, environments, and decision feedback. You agree to:
- Provide accurate background information, data sets, and documentation necessary for the engagement.
- Ensure that shared content does not infringe the rights of any third party and complies with applicable laws.
- Designate a primary contact authorised to give instructions and approvals.
- Secure any third-party licences, consents, or access credentials needed for delivery.
- Notify us promptly of any issues that could impact timelines, quality, or compliance.
We are not responsible for delays or impacts caused by incomplete information, unavailable personnel, or any dependencies outside our reasonable control.
Fees, invoicing, and expenses
Fees are outlined in the applicable SOW or proposal. Unless otherwise stated, pricing is in Australian dollars and exclusive of GST. We typically invoice in accordance with project milestones or monthly in arrears for time and materials engagements.
Invoices are payable within 14 days of the issue date. Late payments may incur interest at the Reserve Bank of Australia cash rate plus 2% per annum. We may pause work if invoices remain unpaid after reasonable notice.
Out-of-pocket expenses (such as travel, accommodation, or specialised tooling) will be pre-approved with you and invoiced at cost plus applicable taxes.
Intellectual property
Each party retains ownership of its pre-existing intellectual property (IP). You grant EQOS a non-exclusive licence to use your IP solely for delivering the engagement. EQOS retains ownership of methodologies, tools, frameworks, and software developed independently of your project.
Unless otherwise agreed in an SOW, you receive a worldwide, royalty-free licence to use deliverables created specifically for you for your internal business purposes. Where we incorporate third-party components or open-source software, those elements are governed by their respective licence terms.
If we co-develop data sets, AI models, or reusable assets, the parties will agree in writing how resulting IP is owned or licensed. We may reuse non-confidential learnings and anonymised insights to improve our services.
Confidentiality and data handling
We treat all non-public information shared with us as confidential and use it only to perform our obligations. The same obligation applies to you for any confidential information we share. These obligations continue for three years after the engagement ends, unless the information becomes public through no fault of the receiving party or disclosure is required by law.
Where services involve personal information, both parties will comply with applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our handling of personal information is also covered by our Privacy Policy.
Responsible use of AI
AI solutions can surface probabilistic outputs and may rely on third-party models or APIs. You are responsible for reviewing deliverables, verifying outputs before production use, and implementing governance appropriate to your organisation. We do not warrant that AI-generated insights will be error-free or suitable for every purpose.
You must not use EQOS deliverables to develop systems that contravene applicable law, invade privacy, or cause harm. If we consider any requested use inconsistent with responsible AI practices, we may suspend or decline the engagement.
Warranties and disclaimers
We warrant that we will provide services with due care, skill, and diligence. To the extent permitted by law, all other warranties, representations, or guarantees are excluded. Insights, recommendations, and prototypes are provided for general information and decision support and should not be relied on as legal, financial, or compliance advice.
If legislation implies warranties or guarantees that cannot be excluded, our liability is limited (at our option) to re-supplying the services or paying the cost of having the services supplied again.
Liability and indemnity
To the maximum extent permitted by law, neither party is liable for indirect, consequential, or special loss, including loss of profit, revenue, data, or reputation. Our aggregate liability arising out of or in connection with an engagement is capped at the fees paid or payable for the services giving rise to the claim.
You indemnify us against claims, losses, or expenses arising from your misuse of deliverables, breach of these Terms, or infringement of third-party rights, except to the extent caused by our negligence or wilful misconduct.
Force majeure
Neither party is liable for delay or failure to perform caused by events beyond reasonable control, including natural disasters, government actions, labour disputes, internet outages, or failures of third-party service providers. The affected party will notify the other, and both parties will work together to resume the engagement as soon as practicable.
Term, suspension, and termination
These Terms commence when you first engage EQOS and continue until terminated. Either party may terminate a SOW by providing 14 days’ written notice if the other party commits a material breach and fails to remedy it within that period. We may suspend services immediately if the safety, legality, or security of our personnel or systems is at risk.
On termination, you must pay for work completed up to the effective date and return or destroy any confidential information on request (subject to retention required by law or archiving obligations).
Governing law and disputes
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
If a dispute arises, the parties will first attempt to resolve it through good faith discussions between senior representatives. If the dispute remains unresolved after 30 days, either party may pursue other legal remedies.
Changes to these Terms
We may update these Terms from time to time to reflect new services, regulatory requirements, or operational changes. The updated version will be posted on this page with a revised date. Continued use of our website or services after an update constitutes acceptance of the revised Terms.